MOOSE JAW — Indian immigrant Ritik Katyal will spend the next year on probation for assaulting his ex-girlfriend, an outcome that may risk his ability to continue to remain in Canada.
On May 25, Assiniboia RCMP received a call from a third party saying there had been an incident between Katyal and his now-former partner, Crown prosecutor Robbie Parker said while reading the facts in Moose Jaw Provincial Court on Nov. 20.
After speaking with the woman, officers learned that Katyal had been at her place and they had engaged in a verbal dispute, the Crown continued. However, the dispute turned physical when the 24-year-old struggled with his girlfriend to grab her phone, while he attempted to kiss her on the neck and face.
The woman protested and told him to leave several times, but he refused, Parker added. However, he left after realizing that she didn’t want him.
Merv Nidesh, Katyal’s defence lawyer, entered guilty pleas for the charges of assault and sexual assault, while the Crown withdrew a charge of breaking into a dwelling house.
As part of a joint submission, Katyal — who lives in Coronach — received a conditional discharge and will spend the next 12 months on probation. Some conditions include keeping the peace, being of good behaviour, taking programming, and not being near his ex-girlfriend or where she lives or works.
Furthermore, he must donate $500 to a charity of his choice.
As long as Katyal obeys the conditions of his conditional discharge, he will not end up with a criminal record.
Parker noted that his office had been in regular communication with the woman, while she provided input into the sentencing. Moreover, the Crown and defence designed this submission so it wouldn’t negatively affect Katyal’s ability to remain in Canada.
While there was “no guarantee” that authorities would let him stay, this outcome at least gave him the best possible chance, the Crown prosecutor added.
Nidesh told Judge Ross Green that Katyal has already completed 30 sessions of an anger management program, although he would consent to take more programming if required.
Meanwhile, the defence lawyer noted that the 24-year-old and his ex-girlfriend are from the same village in India, so after this incident, his mother came to visit and offer support.
“Basically, what you have is a young man (who) is alone in Canada. The break-up was one that he didn’t completely understand,” said Nidesh. “Be that as it may, he’s complied with all the conditions since this incident and he co-operated with the RCMP when they contacted him.”
Judge Green accepted the joint recommendation, noting that the one charge “was on the edge” of being a serious sexual assault. He also ordered Katyal to pay $200 to the victim fund surcharge.
